A former Limerick senior hurler is taking a High Court action against his old employer, Johnson & Johnson, following an incident where he went to the aid of a coworker who had his arm caught inside some factory machinery but who suffered long-term injuries in his efforts to help his colleague.
Mark Keane, of Raheen, Ballyneety, Co Limerick, was an employee at Johnson & Johnson Vision Care (Ireland) at its plant in the National Technological Park, Plassey, Co Limerick, when the incident occurred in September 2018.
Mr Keane won three consecutive All-Irelands with the Limerick under-21s between 2000 and 2002 and was in the seniors from 2000 to 2006.
The 43-year-old is alleging Johnson & Johnson was negligent and breached its duty towards him on September 10th, 2018, while he was working as a technician, making contact lenses, when the incident occurred.
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Mr Keane says he was on the factory floor when a colleague caught his hand in a machine on the line next to him and started roaring in pain. Mr Keane said he ran to help his colleague but because the colleague could not free his arm his body formed a barrier between the plaintiff and a release lever which could have freed the arm.
The plaintiff told Mr Justice Paul Coffey he tried to reach into the machine but got his own hand caught on some internal gridding or railing and his little finger on his right hand was bent backwards.
He then took the weight of the lid, top and plate of the machine and managed to hold it ajar for 30-60 seconds until co-workers arrived with a crowbar and freed the coworker.
His lawyers, Holmes O’Malley Sexton LLP, submit that it was this incident that caused the plaintiff to suffer sustained, continuous and severe personal injury, loss, damage, inconvenience and expense.
Michael McMahon SC, for Mr Keane, said his client could not find work because of the injury that affected the nerves in his hand and damaged his elbow and back.
His lawyers claim Johnson & Johnson failed to provide Mr Keane with a safe place of work and safe system of work.
In his opening speech, Mr McMahon said his client had been a “rescuer” on the date but instead suffered “a very serious injury” that caused “extensive damage”.
Counsel said the “net result” of the incident was that his client, who had been a “very fine hurler”, was left with a painful, frozen shoulder, suffered pain up and down his arm and that the damage to his hand had created a loss of grip.
Mr McMahon said the injury had huge implications for his client, adding that Mr Keane could not get a job and that he would have been earning €1,300 a week net if he was still working at Johnson & Johnson.
Mr Keane told Mr Justice Coffey that his right arm and shoulder took the weight of the machine when he lifted it for the crowbar to be used because his finger was already “very badly damaged”.
The plaintiff said there was “roaring and panic” at the scene.
“All of that pressure was down on my right arm, my right shoulder. If you asked me to do it this second, I don’t think I could budge it,” he said.
